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(영문) 인천지방법원 2015.11.26 2015고단3467
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2015, at around 11:45, the Defendant worked as an employee along with the victim E (54 years of age) at the seat of the D cafeteria located in Namdong-gu Incheon Metropolitan City, but only the Defendant was dismissed due to collapse.” On the other hand, the Defendant continued to have three times the victim’s left side gate, and the victim continued to have three times the victim’s assaulted, and the Defendant followed the kitchen knife (35cm in total length, 23cm in knife) which was a dangerous weapon leading to the defect of the Defendant’s assault.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the investigation report, site, and photograph of deadly weapons;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] Violence: Type 4 (Determination of Sentencing, Habitual Offense, Special Intimidation) / [Determination of the recommended area] Basic Area / [Scope of Recommendation] six months to one year [general person] - half of the mitigated elements [Scope of Punishment] applicable provisions of Acts: One year or more (Determination of Punishment) and two years of probation, and two years of probation; probation;

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